I hereby appeal from the two decisions of the Forum Oversight
Committee suspending me from posting to the USCF Issues Forum for one
week each.

I appeal on the following grounds:

1. My posting, which stated that the USCF Executive Director, Bill
Hall, is chronically absent from work is valid commentary. The members
are entitled to know that the Executive Director often does not come
into work. That is a legitimate USCF issue and thus is a proper
discussion on the forum. In addition, there is the issue that the
Executive Board has failed to take any action against this chronically
absent employee. Bill Hall is still on the job drawing a high salary
even when he is not there. The members are entitled to know about this
and to discuss this subject.

2. This suspension was done by the Forum Oversight Committee. As
originally set up, the Forum Oversight Committee was supposed to
provide appellate review of the decisions by the moderators. It was
supposed to require two moderators to remove a posting.

What has happened instead is any one of three moderators or any one of
eight members of the forum oversight committee could remove a posting.
In my case, my posting was made on April 1, 2007 (coincidentally April
Fools Day) and nobody commented on it, much less refuted or disputed
it. Then on April 5, four days later, both the posting was removed and
I was suspended. Thus, the forum oversight committee have become super-
moderators. This is improper.

Also, I must point out again that the members of this Forum Oversight
Committee were appointed in an improper way. Bill Goichberg did not
allow any discussion by the board members as to the merits or demerits
of individual members of this committee. He simply announced the
committee. Three of the six members of the board voiced objections to
this committee and to the way in which it was selected. However, a
vote of three out of six is not enough to overturn the committee.
Thus, Bill Goichberg used a political trick to get the people he
wanted on the committee. It is clear that Bill's plan all along was to
have me suspended from posting to the forums and that was the reason
why he adopted this tactic.

3. I am a candidate for election. Candidates for election should not
be suspended from posting for any reason. If a candidate posts
something false or in bad taste, it is up to his opponents or to the
general membership to refute it. It simply cannot be allowed that
members of the board who oppose a certain candidate can use their own
hand-picked stooges to suspend a candidate from posting.

As this matter concerns the election campaign that is going on right
now, I request that this appeal be heard on an expedited basis.

Sam Sloan has violated the employers obligations under HIPPA and has
opened the USCF up to Federal lawsuits.
That is why you were banned and should probably be removed from your
position. It was just a plain dumb and illegal thing to do Sam.

Will HIPAA stop gossip?

Rumors and gossip about medical conditions or treatment are a
concern to many people. This is particularly true in small
communities where neighbors, friends, and former in-laws might work
at the only hospital in town. Under HIPAA, access to sensitive
medical information should be limited to those who have a need to
know. However, no system can ever stop gossip. If you find that any
of your sensitive medical information is disclosed through the
grapevine, you should not hesitate to report it to the health care
service and file a complaint with the HHS.

Health care providers must pay attention to accidental disclosures
through routine conversation. A doctor, nurse, or technician may
violate the HIPAA Rule simply by saying to a third party that they
saw a particular individual at the clinic last week. That statement
discloses that the individual is a patient who sought care, and both
of those facts are "protected health information" (PHI) under HIPAA.
The disclosure might be particularly sensitive if the physician is a
psychiatrist, but the same policy applies to family practitioners,
pharmacists, and dental hygienists too.

11. Complaints and Penalties for Violations

What can I do if someone violates the HIPAA Privacy Rule?
You don't have the right to sue under HIPAA. The most you can do is
file a complaint. The privacy notice you receive from your health
care provider or plan is required to tell you how to file a
complaint within the organization. The notice should also tell you
how to contact the HHS Office of Civil Rights. This is the
government office charged with enforcing the Privacy Rule.

You must file your complaint within 180 days of the violation, but
HHS can extend that time. HIPAA says you cannot be denied treatment
because you file a complaint.

Even though the HIPAAA Privacy Rule does not give you the right to
sue, other federal or state laws or regulations might give you the
right to bring an action in court for violations of your privacy. If
you feel your rights have been violated, you may want to discuss the
situation with an attorney.

"samsloan" wrote in message
oups.com...
3. I am a candidate for election. Candidates for election should not
be suspended from posting for any reason.

I for one, disagree. Candidates who cannot differentiate freedom from
licence should not speak at all!

In this instance it would have been appropriate to have noted Hall's
[purported] absenses from the workplace as a concern to getting work done
[and I presume, to directing other work].

As Rob Mitchell has pointed out, Sam Sloan's posts are way-over the top, and
include details of [purported] medical conditions, which is simply against
the current law!
If a candidate posts
something false or in bad taste, it is up to his opponents or to the
general membership to refute it.

And I suppose the way to 'refute' what is illegal is to sue.

But beyond answering Sam Sloan in his own terms, it is not enough to
'refute' it, if Sam Sloan is oblivious to his error or excessiveness.

In that case 'refutation' has to be some other sanction that having to prove
to Sam Sloan that he is in error, since he does not even acknowledge that
others think he is! Blaming the [admittedly, pathetically biased and inane
political-appointee hacks who act as] moderators, is simply not to own his
own part. These are simply two similar factions in conflict, neither of
which can seem to conduct a civil conversation.

Meanwhile, personalities overt and under-cover proxy ones, compete for the
election - and what we don't get to read about is managing the enterprise
known as USCF, and while the national championship is now the Frank Berry
Championship, as Rob Mitchell again points out, there is a danger of USCF
becoming the BillHallCF as default property in a lawsuit.

Both moderators [ROFL] and offender are guilty of the same nonsense -
literaly being not response-able to more sober judgement, and in the usual
election power-play, freedom of speech is sharply divided from responsible
speech, which is the real victim here.

Phil Innes
Vermont
It simply cannot be allowed that
members of the board who oppose a certain candidate can use their own
hand-picked stooges to suspend a candidate from posting.

As this matter concerns the election campaign that is going on right
now, I request that this appeal be heard on an expedited basis.

You raise an interesting question. We had the same problem with Frank
Niro. At one point, Frank Niro disappeared for six weeks, saying that
he was going to Palm Beach Gardens to investigate the planned move by
the USCF there.

After he had left office, we found that Frank Niro had had only one
meeting with the Palm Beach Gardens people, and that meeting was
brief.

This was before Niro notoriously disappeared in August 2003 when he
left the USCF Offices in New Windsor supposedly on his way to the USCF
delegates meeting in Los Angeles but never got there.

Niro and Hall have followed similar patterns in other ways as well,
such as making secret deals with Polgar without informing the board. I
wonder what motivates them to keep making these secret deals.

The various excuses Bill Hall has made for not coming in to work have
been publicly made by him. All I did is simply add them up in put them
in one post. For example, right now my wife is seriously ill in the
hospital. I have told several people about it. Can I then sue somebody
else for reporting it?

Right now, it is the duty and the obligation of the board to deal with
the Bill Hall problem. For example, Bill Hall was supposed to have
visited the playing site for the 2007 US Open and Delegates Meeting in
Cherry Hill NJ, especially since the hotel is under renovation. Bill
Hall canceled the trip some months ago because of an "infected toe".
He still to date has not gone there. Is his toe still infected? Can
the USCF wait for the infection of his toe to be cured, or will we
have to get another Executive Director because he is unable to do the
job?

Why is not this a valid subject for discussion on the USCF Issues
Forum?

On Apr 6, 11:54 am, "samsloan" wrote:
You raise an interesting question. We had the same problem with Frank
Niro. At one point, Frank Niro disappeared for six weeks, saying that
he was going to Palm Beach Gardens to investigate the planned move by
the USCF there.

After he had left office, we found that Frank Niro had had only one
meeting with the Palm Beach Gardens people, and that meeting was
brief.

This was before Niro notoriously disappeared in August 2003 when he
left the USCF Offices in New Windsor supposedly on his way to the USCF
delegates meeting in Los Angeles but never got there.

Niro and Hall have followed similar patterns in other ways as well,
such as making secret deals with Polgar without informing the board. I
wonder what motivates them to keep making these secret deals.

The various excuses Bill Hall has made for not coming in to work have
been publicly made by him. All I did is simply add them up in put them
in one post. For example, right now my wife is seriously ill in the
hospital. I have told several people about it. Can I then sue somebody
else for reporting it?

Right now, it is the duty and the obligation of the board to deal with
the Bill Hall problem. For example, Bill Hall was supposed to have
visited the playing site for the 2007 US Open and Delegates Meeting in
Cherry Hill NJ, especially since the hotel is under renovation. Bill
Hall canceled the trip some months ago because of an "infected toe".
He still to date has not gone there. Is his toe still infected? Can
the USCF wait for the infection of his toe to be cured, or will we
have to get another Executive Director because he is unable to do the
job?

Why is not this a valid subject for discussion on the USCF Issues
Forum?

Sam Sloan

Sam,
An employer/employee relationship exists between Bill Hall ad the
USCF. You cannot make those disclosures.
Rob

On Apr 6, 2:20 pm, "samsloan" wrote:
At 01:52 PM 4/6/2007 EDT, wrote:
In a message dated 4/6/2007 1:01:57 PM Eastern Daylight Time,
writes: Why is not this a valid subject for
discussion on the USCF Issues Forum?
Because you are an Executive Board member and as such it belongs in the BINFO's and most likely in the confidential BINFO's since you are discussing the personal life of an employee of the USCF. There are some issues in personnel that are simply private issues and belong inside the domain of the management of USCF and not the public purview. A little respect for privacy would go a long way.
Donna

Sorry, but I disagree. With respect to a regular mid-level employee I
agree with you. However, the Executive Director is the public face of
the organization. When Governor Pataki of New York was hospitalized,
it was all over the news including the frequency of his bowel
movements. If Bill Hall frequently does not come to work because of an
"infected toe" and then a car accident, the members need to know about
it, especially since the real problem is board inaction and
incompetence in dealing with this issue.

And yes, I said it. This board is incompetent.

I myself did not know that Bill Hall was frequently absent from work
until about two months ago. I knew that other members of the board
were unhappy with Bill Hall and even wanted to fire him, but I did not
know the reason, until somebody leaked me this little secret.

I would like to see some legal authority to support your claim that
the Executive Director of a 501(c)(4) corporation has a "right to
privacy" which protects him from having it revealed that he cannot do
his job.

Sam Sloan

Sam,
I have provided the information in previous posts. You are free to
call the phone number yourself to get clairification. It doe not
matter what kind of organization it is. You screwed up.

At 01:52 PM 4/6/2007 EDT, wrote:
In a message dated 4/6/2007 1:01:57 PM Eastern Daylight Time,
writes: Why is not this a valid subject for
discussion on the USCF Issues Forum?
Because you are an Executive Board member and as such it belongs in the BINFO's and most likely in the confidential BINFO's since you are discussing the personal life of an employee of the --- In , "robmtchl" [email protected] wrote:
There is an employer/employee relationship that exists here Sam. The
law is quite clear about the responsibilities of each. You, as a
member of the management structure, are held to a higher standard.
That is one of the reasons this law was passed.

Which law? Please cite the code number.

Bill Hall is the management. That is why what you write does not apply
to him.

This problem with Bill Hall being often absent from work has been
going on for nearly two years. It explains a lot of the problems the
USCF has been having and it is time that the problem be addressed.

At 01:52 PM 4/6/2007 EDT, wrote:
In a message dated 4/6/2007 1:01:57 PM Eastern Daylight Time,
writes: Why is not this a valid subject for
discussion on the USCF Issues Forum?
Because you are an Executive Board member and as such it belongs in the BINFO's and most likely in the confidential BINFO's since you are discussing the personal life of an employee of the USCF. There are some issues in personnel that are simply private issues and belong inside the domain of the management of USCF and not the public purview. A little respect for privacy would go a long way.
Donna
Sorry, but I disagree. With respect to a regular mid-level employee I
agree with you. However, the Executive Director is the public face of
the organization. When Governor Pataki of New York was hospitalized,
it was all over the news including the frequency of his bowel
movements. If Bill Hall frequently does not come to work because of an
"infected toe" and then a car accident, the members need to know about
it, especially since the real problem is board inaction and
incompetence in dealing with this issue.
And yes, I said it. This board is incompetent.
I myself did not know that Bill Hall was frequently absent from work
until about two months ago. I knew that other members of the board
were unhappy with Bill Hall and even wanted to fire him, but I did not
know the reason, until somebody leaked me this little secret.
I would like to see some legal authority to support your claim that
the Executive Director of a 501(c)(4) corporation has a "right to
privacy" which protects him from having it revealed that he cannot do
his job.
Sam Sloan

Sam,
I have provided the information in previous posts. You are free to
call the phone number yourself to get clairification. It doe not
matter what kind of organization it is. You screwed up.

Sorry, you lose again.

I just called the number you posted here (866) 627-7748 and spoke to
Mr. Carter there.

Mr. Carter said "in no way, shape or form" would the USCF be subject
to the HIPPA privacy rules.

On Apr 6, 2:20 pm, "samsloan" wrote:
At 01:52 PM 4/6/2007 EDT, wrote:
In a message dated 4/6/2007 1:01:57 PM Eastern Daylight Time,
writes: Why is not this a valid subject for
discussion on the USCF Issues Forum?
Because you are an Executive Board member and as such it belongs in the BINFO's and most likely in the confidential BINFO's since you are discussing the personal life of an employee of the USCF. There are some issues in personnel that are simply private issues and belong inside the domain of the management of USCF and not the public purview. A little respect for privacy would go a long way.
Donna
Sorry, but I disagree. With respect to a regular mid-level employee I
agree with you. However, the Executive Director is the public face of
the organization. When Governor Pataki of New York was hospitalized,
it was all over the news including the frequency of his bowel
movements. If Bill Hall frequently does not come to work because of an
"infected toe" and then a car accident, the members need to know about
it, especially since the real problem is board inaction and
incompetence in dealing with this issue.
And yes, I said it. This board is incompetent.
I myself did not know that Bill Hall was frequently absent from work
until about two months ago. I knew that other members of the board
were unhappy with Bill Hall and even wanted to fire him, but I did not
know the reason, until somebody leaked me this little secret.
I would like to see some legal authority to support your claim that
the Executive Director of a 501(c)(4) corporation has a "right to
privacy" which protects him from having it revealed that he cannot do
his job.
Sam Sloan
Sam,
I have provided the information in previous posts. You are free to
call the phone number yourself to get clairification. It doe not
matter what kind of organization it is. You screwed up.

Sorry, you lose again.

I just called the number you posted here (866) 627-7748 and spoke to
Mr. Carter there.

Mr. Carter said "in no way, shape or form" would the USCF be subject
to the HIPPA privacy rules.